Breach of conditions puts Maple Ridge man behind Penticton bars

PENTICTON – A man accused of multiple weapons charges will remain in custody a few more days following an appearance in Penticton court earlier this week.

Donavin Francios Costa appeared before Judge Gale Sinclair Monday, Dec. 14, on a charge of breaching bail conditions.

Crown Prosecutor John Swanson called Costa's case a 'reverse onus situation.' He told court Costa had been released on $10,000 bail on Nov. 9 under numerous 'strict surety conditions,' including the expectation to reside with his mother in Maple Ridge and obey strict curfew conditions every day.

Swanson said Costa faced 'serious criminal charges,' including eight weapons counts for possession of a prohibited handgun that contained a magazine storing an illegal number of bullets.

“There is no legal reason for anyone to have these weapons in public places,” Swanson told court.

A Penticton RCMP officer noticed Costa Saturday, Dec. 12, while conducting a traffic stop on South Main Street. He watched Costa’s vehicle approach the stop only to turn into a driveway before reaching it.

Costa told police he was out on bail and was in the process of returning home.

Swanson told court Costa appeared to be ignoring his restrictions, noting he was seen during curfew hours and his home is Maple Ridge, not Penticton.

“It’s Crown’s submission he needs to be detained,” Swanson said.

Defense lawyer James Pennington said his client had been reporting to a bail supervisor in Penticton as he discussed changing bail conditions to reflect an address in Penticton, where he said he had been obeying his curfew.

Swanson told court Costa’s bail conditions were quite clear and as sole surety, his mother was supposed to 'act as jailer.'

“He’s been ignoring that, and blowing off the single most important part terms of his bail,” Swanson said.

Judge Sinclair advised Costa to contact his lawyer for his next court appearance, remanding Costa in custody until Wednesday, Dec.16.

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